These terms and conditions affect your legal rights. It must be understood by you, the “Participant”, whether you are an adult or minor, if you are renting or otherwise using equipment or participating in activities offered by Beach Plum Realty Trust d/b/a Cape Cod Waterways (referred to in this document as “Provider”). A participating waiver must be signed also by your parent or guardian if you are a minor Participant (under 18 years of age). The parent or guardian agrees to these terms individually and on behalf of the minor. Only a parent or legal guardian may sign for a minor Participant.
PARTICIPANT AGREEMENT (Including Acknowledgment and Assumption of Risks, Agreements of Release and Indemnity, and Additional Provisions) In consideration of the opportunity to rent or otherwise use certain equipment and/or participate in activities offered by Provider, Participant (adult or minor), and the parent or guardian of a minor Participant, understand, acknowledge and agree as follows:
[PART II] – Activities, Hazards and Risks
Manual and Electric Paddleboat’s, Kayaks, Canoes The hazards and risks (together referred to as “risks”) of the use of the watercraft include the following: entering, exiting and operating the watercraft; water which may be fast, deep, cold, and subject to rapid change including; objects which may be encountered in and out of the water, and which may not be obvious, including debris, trees, rocks, boulders, dams,bridges, and other hazards; the watercraft may overturn, and sink and occupants may become separated from the craft; feet and other parts of the body may become entrapped in or under rocks and other objects; participants may strike or be struck by objects, other watercraft, and other persons, in and outside of the watercraft.
The activities are subject to the unpredictable forces of nature, including exposure to the sun, cold, wind, hail, lightning, ﬂash ﬂoods and other such phenomena; activities may take place in remote places, signiﬁcantly delaying emergency medical care and evacuation. Participant, and the parent or guardian of a minor Participant, acknowledge and understand that the description of activities and risks above is not complete and that all activities, whether or not described, may be dangerous and may include risks which are inherent and cannot be reasonably avoided without changing the nature of the activity. Participation in the activities can cause bites, stings, allergic reactions, overexertion, heat stroke, hypothermia, illness due to contaminated water, burns, cuts, bruises, strains, broken bones, and other injuries and illnesses. Property loss, and serious injury and death, including by falling and drowning, are possible.
Provider has made no effort to determine, and accepts no responsibility for, medical, physical or other qualiﬁcations or the suitability of Participant, or other participants, for the activities. Client, and the parent or guardian of a minor Participant, accepts full responsibility for determining Participant’s medical, physical or other qualiﬁcations or suitability for participating in the activities. Provider is not responsible for the water conditions, routes, or other activities of renters of its equipment. Alcohol will, and other substances may, impair judgment and reduce a participant’s ability to effectively anage the risks of water travel, and land activities; participants should inspect unfamiliar rapids and other hazards before attempting to pass through or over them; participants should always wear a fastened life jacket (personal ﬂoatation device); participants should wear footwear which will provide protection from sharp objects, and which will minimize the risk of foot entrapment. Failure to adhere to these and other safety precautions may result in serious injury or death.
[PART III] – Acknowledgment and Assumption of Risks
As a Participant (adult or minor) and the parent or guardian of a minor Participant, you understand the nature of the services of provider and other activities which may occur, and their risks. You acknowledge and expressly assume all risks of the activities, whether or not described above, known or unknown, and inherent or otherwise. You take full responsibility for any injury or loss, including death, which you, or a minor child for whom you sign, may suffer, arising in whole or part out of such activities.
[PART IV] – Agreements of Release and Indeniﬁcation and Additional Provisions
If you are an adult participant, or the parent or guardian of a minor Participant, you agree, your self and on behalf of the minor Participant for whom you are signing, as follows:
You release Provider, its employees, contractors, volunteers, directors and owners (“Released Parties”) from any and all claims of injury or loss which you, or the minor child for whom you sign, may suffer, arising out of or in any way related to you, or the child’s enrollment in or participation in the activities of Provider or the use of its equipment.
[PART V] – Additional Provisions
You authorize Provider to provide or obtain for you, or the minor child for whom you sign, such medical care as it considers necessary and appropriate, and you agree to pay all costs associated with such care and related transportation. Any dispute between Provider and you or the minor child for whom you sign will be governed by the substantive laws of the State of Massachusetts (not including laws which might apply the laws of another jurisdiction), and any mediation or suit shall take place only in that State, in the County of Barnstable. If the dispute cannot be resolved by mutual agreement, you agree to submit it to a mediator recognized by the Courts of the Commonwealth of Massachusetts and County of Barnstable. You agree to pay all costs and attorneys’ fees incurred by Provider in defending a claim or suit brought by you or by or on behalf of the minor for whom you sign, if the claim or suit is withdrawn or to the extent a court or mediator determines that Provider is not responsible for the claimed injury or loss.
Waiver agreement is entered into voluntarily, and after careful consideration. Its terms cannot be amended except in writing. You understand that it is binding, to the fullest extent allowed by law, upon all persons signing below, our respective heirs, executors, administrators, wards, minor children (whether or not they are Clients) and other family members. If any part of this agreement is found by a Court or other appropriate authority to be invalid, the remainder of the agreement nevertheless shall be in full force and effect.